COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.

Learn more x
Free Consultations | Tap To Call Today: 1.888.625.6265

Speak to Lawyer 24hrs a Day

1.888.625.6265

Free Consultation, Call Now!

CHICAGO

Nursing Homes

Premier Personal Injury Attorneys
Schedule Free Case Review

Dedicated Chicago Nursing Homes Lawyers

Causes of Falls and Fractures in Nursing Homes

When a senior suffers a fall there are a wide variety of unfortunate outcomes that may occur. While the obvious bumps, bruises, and broken bones may come to mind first, you may not consider infections from a scrape which can lead to a serious illness and even deathNursing home abuse lawyers in Joliet can tell you all about these sad but typically preventable falls and fractures for they have experience in representing the victim or their family in court. Whether it is a negligent staff member or deplorable nursing home conditions, these accidents are unacceptable and the guilty parties must face legal consequences. Elder care lawyers will also fight to recover all medical costs. Please review the following information regarding falls and fractures in nursing homes.

Frequently Asked Questions (FAQs)

Nursing home negligence is one of the most horrifying offenses imaginable, yet unfortunately it is all too common. Although sometimes a nursing home accident is inevitable and is not anyone’s fault, it is the preventable nursing home injuries that justify personal injury lawsuits. When a preventable fall or fracture occurs, the damages that result can justify compensation, including:

  • Medical expenses, including estimated future medical expenses and rehabilitation expenses
  • Pain and suffering, which can be particularly intense in an elderly patient already suffering from other maladies
  • Loss of quality of life due to a loss of mobility, especially if the injury is permanent or long-term
  • Future disability and pain

Yes, if you are the nursing home resident for which the records are being requested, or the legal representative. In fact, you have a legal right to them under federal law. “Medical records” includes both patient charts and clinical records. You must request these records in writing, and in most cases the nursing home must provide them to you within 24 hours (in some cases the nursing home may delay compliance for up to 30 days). Do not tell the nursing home why you are requesting the records, in order to discourage falsification or deletion of records.

The Illinois Department of Public Health (IDPH) is the state agency responsible for regulating the activities of nursing homes. The IDPH licenses regulates and inspects the more than 1,200 nursing homes in the state of Illinois, and it can respond to a complaint with an investigation and remedial measures.

The Illinois Nursing Home Care Act is the state law that is enforced by the IDPH. It is specially designed to protect nursing home residents not only because it contains protective provisions, but also because it provides nursing home residents (and agents acting on their behalf) with the right to file a lawsuit for violation of its provisions. Certain rights are granted to nursing home residents that might not be available without the statute, including the right to collect reasonable attorney’s fees and the right to an injunction against the nursing home. An injunction is a court order forbidding the nursing home from performing certain acts or requiring it to perform certain acts.

The Nursing Home Care Act grants nursing home residents many rights, some of which are relevant to falls and fractures. These rights include:

  • The right to be free from unnecessary restraints. The U.S. Centers for Disease Control and Prevention (CDC) recommends against protecting nursing home residents from falls and fractures through the use of restraints, because it has concluded that restraints in most cases actually increase the likelihood of these accidents.
  • Freedom from abuse and neglect. “Abuse” is defined as the intentional infliction of physical or emotional injury, while “neglect” is a form of passive abuse that involves a failure to perform necessary medical care or other assistance.
  • The right to use your own doctor if you can afford one
  • The right to refuse medical care unless it is necessary to protect others
  • The right to communicate with your attorney

Any violation of these rights makes victory in court or at the settlement table more likely, as long as it was a substantial cause of the fall or fracture. If the nursing home neglected to bathe you frequently, for example, and you suffered a fracture while attempting to walk to the shower or by showering alone, the nursing home’s failure to bathe you often enough might be enough to support a lawsuit.

Yes. In a criminal prosecution you must prove guilt “beyond a reasonable doubt,” while the standard of liability in a lawsuit is a “preponderance of evidence,” which means “more likely than not” or something like a 51 percent likelihood. In other words, you can still win a lawsuit even if the court considers it 49 percent likely that your claims are wrong.

Yes, as long as you have been named the personal representative of the deceased victim’s estate, and as long as you file the lawsuit within one year of the victim’s death. You must file the claim under the Illinois Wrongful Death Act rather than the Nursing Home Care Act. Wrongful death payouts can be quite substantial.

  • Staff-Related Nursing Home Falls and Fractures

    Insufficient supervision is one of the main causes of these accidents. Staff members are given clear instructions to monitor the entire population and some residents may require additional supervision to prevent such an injury. If a resident is left unattended or simply ignored for a long period of time, the opportunity for a fall rises dramatically. Nursing Home abuse attorneys in Joliet will work hard to research the incident and not only have the accountable staff member reprimanded but also fight to have them removed from the institution to avoid endangering others.

     
  • Building-Related Nursing Home Falls and Fractures

    In a perfect world, nursing homes will be the ideal environment for the elderly to thrive in. But unfortunately for some, this is certainly not the case. Loose handrails, wet floors, and improper lighting can make a seemingly innocent walk down the hallway a treacherous path to an eventual fall or fracture. If a fall does occur your nursing home abuse lawyer in Joliet will always document the reason for the fall and use this as evidence in your case. The nursing home will ultimately be at fault and responsible for the medical costs incurred by the incident.

     
  • Image
  • Image
  • Image
  • Image
  • Image
  • Image
  • Image
  • Image
  • Image

Contact Chicago’s Nursing Homes Lawyer

Time is of the essence so be sure to contact a nursing home abuse attorney in Joliet as soon as possible for the nursing home or staff member may try to tamper with evidence to avoid prosecution. All experienced elder care lawyers will want to get to work right away to collect as much evidence in your favor as possible. You may be the only one who can speak up for these victims, so do your best to find timely representation in any fall and fracture case.
Schedule Free Case Review

Why People Choose Malman Law

You’ll want your lawyers to be this good.
You’ll want our experience on your side.
  • Icon

    Credibility & Experience

    25,000+ Cases over 25 Years
  • Icon

    Track Record of Success

    25,000+ Cases over 25 Years
  • Icon

    Team of Litigation Lawyers

    25,000+ Cases over 25 Years
  • img

    They area very helpful and when it come to getting things done with your case I had the pleasureof working with Jason Kellerman he was awesome I highly recommend them.

    - Britany Weaver

  • img

    I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!

    - Cheryl Wagemann

  • img

    I’ve been knowing about this Law firm for many years through friends, referrals & advertisements , never I thought I would need their services , because I believed things & situations don’t happen to me like this , long story short I was in situation that I needed help & advice!!! The right direction , I connected with the Firm & a very patient , understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care !

    - Elvira G.

  • img

    I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.

    would do everything they could for me.

    - Tony S.

  • img

    I contacted Malman Law go my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks everyone!

    - Devin Jones

  • img

    Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!

    - Annie Ong

  • img

    Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If your interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!

    - Eugenia Cathery

  • img

    They are so efficient and professional.Always available to help.Attoney Boyer was great and very good with my case.I really appreciate mailman law firm. I gave them 5 star because there is nothing higher.

    - Omolewa Snyder

  • img

    I have had an amazing experiences with Malman law so far. From the start Dan was super easy to work with, got me the medical attention I needed and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.

    - Trevor Harris

  • img

    Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.

    - Ernest Pitts

  • img

    Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.

    - Ariel Fleming

  • img

    I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!

    - Carmen Rivera

  • img

    Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the repairations of the accident. We would recommend their services!

    - Greg Gustafson

  • img

    Excellent customer service and great experience. Malman law handled the whole process and it was very smooth. The settlement was a great success. I would choose malman law again in the future.

    - Malak St.Clair

  • img

    Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.

    - Devri Lott

  • img

    I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in a auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.

    - Adrian Lopez

  • img

    A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.

    - Vanessa Leon

  • img

    Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.

    - Nyah Vuljanic

  • img

    This law firm is the best they got me paid and meymen law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position they are awesome sincerely. Jeff walker

    - Jeff Walker

  • img

    Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.

    - Steve Acosta

  • img

    Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.

    - Adrianna Gomez

  • img

    Dan Petrich was the best man for my case of falling through my porch of a apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars

    - Jose Cruz

  • img

    Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!

    - Meagan Cruz

  • img
    Malman Law goes above and beyond handling your legal injury case needs. From the first appointment through to the ending verdict my sister and brother in law were very happy with their case results. Highly recommended!

    - Eddie Villarreal

  • img

    I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!

    - Madissen Miller

  • img

    Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!

    - Christina Ocon

  • img

    Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!

    - Adriana Martinez

  • img

    So glad I contacted malman law regarding my accident. Professional and caring. Thank you Mr Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!

    - Virgil Sanner

  • img

    I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!

    - Jazlyn Caraballo

  • img

    My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.

    - Ashley Jenkins

View more testimonials
img

What’s your case worth? Submit for a free case review

ALL FIELDS REQUIRED

2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet

NOAH TAFFELPersonal Injury Victim